Digital Commons Network^™

The Economic Structure Of The Post--Contractual Corporation, William Wilson Bratton

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No abstract provided.

On Integrated Pollution Control, James E. Krier

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Integrated pollution control, or IPC, can be defined for now as an approach to environmental regulation that "seeks particularly to link air, water, and waste programs. Its concern is institutional changes that reduce total risk to the environment from pollutants." 8 This sounds remarkably appealing, which perhaps explains IPC's recurring popularity. As we shall see, it enjoyed a brief celebrity about twenty years ago, and it is once again in vogue-especially within the U.S. Environmental Protection Agency (EPA).

Is the Agency's recent interest in IPC a good thing? We worry that it is not. First of all, IPC has an …

Child Protection Legal Process: Comparing The United States And Great Britain, Donald N. Duquette

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The legal response to child maltreatment-or the risk of child maltreatment-varies greatly from society to society and has been little studied, in part because of the idiosyncrasies of community values, social organization, history and legal traditions.2 Cross-country comparison of child abuse and neglect is especially difficult because the ambiguity of social standards and the imprecision of terms used makes it difficult to define the specific behavior one is studying. Even though child maltreatment is widely prohibited, the definition of what actually constitutes child abuse and neglect is not clear within a particular country, much less uniform from one society to …

Books, Microforms, Computers And Us: Who's Us?, Margaret A. Leary

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The author suggests that in the increasing effort to define, and refine, their identity and image, librarians have recently turned towards computers - and away from books and microforms. The result has been an avoidance of the more important issues facing librarians - such as ownership, accessibility, cost, and preservation of new formats of information - and an ever greater obfuscation of what constitutes the profession of librarianship.

The Burdens Of Educational Loans: The Impacts Of Debt On Job Choice And Standards Of Living For Students At Nine American Law Schools, David L. Chambers

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American law students are borrowing large sums of money. For graduates at many schools, cumulative debts of $40,000 from college and law school have become the norm, and debts of $50,000, $60,000, and even more are common. The sums students are borrowing are much larger today than they were ten years ago, even after adjusting for increases in the cost of living. They have risen at a considerably faster pace than the starting salaries at small law firms and government agencies. They have even risen at a faster pace than the starting salaries in many large firms. The new pattern …

Toward A Partial Economic, Game-Theoretic Analysis Of Hearsay, Richard D. Friedman

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In this Article, I offer a fundamentally different and nondoctrinaire way of approaching hearsay questions. In brief, I take the view that the resolution of a hearsay dispute, when the declarant is not on the stand, is essentially a matter of deciding who should bear the burden of producing the declarant, or more precisely, how courts should allocate that burden. Adopting a simple procedural improvement, concerning the examination of the declarant if she is produced as a witness, allows the court to allocate the burden optimally. If live testimony by the declarant would be more probative than prejudicial, then most …

Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman

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The invitation to respond in these pages to Gary Lawson's very interesting article, Proving the Law, was tempting enough. But what made it irresistible was Professor Lawson's comment that he is "addressing, with a brevity that borders on the irresponsible, subjects well beyond [his] depth." Now, that's the kind of debate I really like. Let me jump right in. A principal question raised by Lawson, which I find quite interesting, may be phrased in general, and purposefully ambiguous, terms as follows: Before an actor treats a proposition as a valid2 proposition of law, what standard of persuasion should that proposition …

Evidentiary Rules And Rulings: The Role Of Treatises, Richard D. Friedman

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I have devoted large gobs of time to work on a multi-author treatise on the law of evidence.' And before even one volume is published, I will devote further multiple gobs of time to the project-which, perhaps audaciously and perhaps merely foolishly, but with heredity and precedent on our side,2 we are calling The New Wigmore. Accordingly, I found the question posed by this symposium-Does Evidence Law Matter?-rather disquieting. If it is doubtful even whether the law of evidence matters, then how much can a treatise on the law of evidence matter, and how worthwhile can such a work be? …

Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman

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David Schum has long been one of our keenest commentators on questions of inference and proof. He has been particularly interested in, and illuminating on, the subject of "cascaded," or multi-step, inference.' This is a subject of importance to lawyers, because most evidence at trial can be analyzed in terms of cascaded inference. Usually, the proposition that the fact finder2 might immediately infer from the evidence is not itself an element of a crime, claim, or defense. Most often, an extra inference would be required to jump from that proposition to a proposition that the law deems material. Thus, inference …

Recent Developments - Cinematic Sex And Censorship In Indian Film, Anita Ramasastry

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This Recent Development examines the increasing presence of cinematic rape in general-audience Indian films and discusses the potential cultural origins of the cinematic portrait of Indian women as chaste subordinates to men and as frequent subjects of violence. To account for this trend, this Recent Development outlines the legal guidelines governing Indian film censorship, and in particular the guidelines regulating sexuality. From this vantage point, the use of various suggestive cinematic techniques, including the regular portrayal of rape, may be seen as attempts by directors to circumvent government censure of kissing and other intimate relations on-screen. Finally, this Recent Development …

Introduction: The Bounds Of Advocacy, Robert H. Aronson

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I was asked, as Reporter for the American Academy of Matrimonial Lawyers' Bounds of Advocacy, to provide an Introduction to the substantive issues discussed by members of the Committee in succeeding articles. This article will therefore "set the stage" by indicating the need for the Bounds of Advocacy, the charge to the Committee, the process by which the Standards and Comments were drafted, re-drafted, and then re-drafted again, and the appropriate scope, purpose and use of the Standards and Comments.

Law Librarianship: A Forum, Bob Berring, Mark Estes, Penny Hazelton, Kathie Price, Joanne Zich

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Law librarianship is a profession that has a proud history and a bright future, yet it is not without its problems and concerns. For this issue of Law Library Lights, we have gathered together a number of luminaries in the field and asked them a number of questions related to the most important issues facing our community: professional image, additional roles, education and training, ethics, minority recruitment, budget crunch, technology, vendors, and the future.

This exchange was published in volume 35, issue number 5, May/June 1992.

The United States Policy On Hiv Infected Aliens: Is Exclusion An Effective Solution, Christine N. Cimini

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As of the summer of 1991, though the World Health Organization (WHO) had only 366,455 documented cases of Acquired Immune Deficiency Syndrome (AIDS), the organization estimated that as many as 1.25 million people worldwide had actually contracted AIDS. That number was predicted to grow to twenty-five to thirty million cases of HIV worldwide by the year 2000. With hysteria and misinformation surrounding the transmission HIV/AIDS, Congress made changes to existing immigration laws to exclude entry to individuals with HIV. This comment critiques the early 1990s United States immigration policy that added HIV to the list of diseases for which a …

A Superfund Trivia Test: A Comment On The Complexity Of Environmental Laws, William H. Rodgers, Jr.

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Professor Rodgers examines the reasons for the American obsession with trivia. While unable to determine the cause of the obsession, he does provide some insight on the usefulness and need for the information in the study of environmental law.

All Optical Clock Distribution With Synchronous Frequency Division And Multiplication, Gerald Farrell, P. Phelan, Joe Hegarty

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A master optical clock from a mode locked laser is distributed to two slave twin section lasers. One slave laser divides the optical modulation frequency by 2, the other slave laser multiplies the frequency by 2. It is also possible to vary the multiplication4ivision ratio in a slave laser using only DC control of the absorber of the twin section laser.

Labour Turnover In London Hotels And The Cost Effectiveness Of Preventative Measures, Frank Mcmahon, Ann Denvir

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No abstract provided.

Judicial Textualism Meets Congressional Micromanagement: A Potential Collision In Clean Air Act Interpretation, Michael E. Herz

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No abstract provided.

Rodrigo's Second Chronicle: The Economics And Politics Of Race 1993 Survey Of Books Relating To The Law, Richard Delgado

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No abstract provided.

Pornography And Harm To Women: No Empirical Evidence, Richard Delgado, Jean Stefancic

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No abstract provided.

Secured Creditors And Expenses Of Bankruptcy Administration, David G. Carlson

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In any complex bankruptcy proceeding one of the most poignant questions facing the parties and the court is who must pay the trustee's expenses. In addition to routine administrative costs, such expenses may include costs of disposing of estate assets, or, in reorganization proceedings, expenses necessary to preserve the assets and going-concern value of the debtor's business. In this Article, Professor David Gray Carlson undertakes a comprehensive examination of the law of bankruptcy expense allocation through the lens of Bankruptcy Code section 506(c), the trustee's principle tool for charging expenses to secured creditors. After a careful examination of priority and …

Abduction From The Seraglio: Feminist Methodologies And The Logic Of Imagination, Jeanne L. Schroeder

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The article critiques the "different voice" theory in feminist jurisprudence, arguing that it risks reinforcing gender stereotypes and lacks a normative framework to challenge dominant masculinist perspectives. It also examines MacKinnon's contributions to feminist legal theory, highlighting both her strengths, such as her recognition of the need for a comprehensive alternative to masculinist theories, and her limitations, particularly her failure to develop a robust methodology for hypothesis verification. The article emphasizes the importance of distinguishing between hypothesis formation and proof in jurisprudence and advocates for a more nuanced approach to gender jurisprudence that avoids essentialism and integrates psychological insights without …

United States V. United States: When Can The Federal Government Sue Itself?, Michael E. Herz

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No abstract provided.

Should Judges Take Seriously The Sentencing Commission's Standards For Accepting Plea Agreements?, David Yellen

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No abstract provided.

Metro Broadcasting, Inc. V Fcc: Affirmative Action At The Crossroads Of Constitutional Liberty And Equality, Michel Rosenfeld

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The article examines the Supreme Court's inconsistent approach to affirmative action, particularly through the lens of *Metro Broadcasting, Inc. v. FCC*, which upheld the FCC's race-based policies to promote broadcast diversity. While the decision aligns with constitutional values of equality and free speech, the Court's opinions fail to coherently reconcile liberty and equality principles. The article argues for a more integrated framework to address the complexities of affirmative action jurisprudence and its intersection with First Amendment rights.

Impulse Response Of An Ultrasonic Imaging Scheme That Uses Frequency Modulated Pulses, Sumat Mehra, Navalgund Rao

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An imaging scheme to generate 6-scan ultrasound images using frequency modulated (FM) pulses, has been outlined. A prototype experimental setup is used to perform simple imaging tasks in attenuating and non-attenuating medium. The post processing of the acquired data was carried out digitally. The objective was to study the two-directional point spread function as a function of the FM pulse parameters.

Does A College Degree Influence The Occupational Attainments Of Deaf Adults? An Examination Of The Initial And Long Term Impact Of College, William Welsh, Susan Foster

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The purpose of this paper was to examine the effect of a college degree on occupational attainments of deaf adults. The paper is related to, and contains certain elements of, several studies already completed by the authors, as well as an examination of data collected by not fully analyzed. Quantitative data are present, including results of survey research and of accessing data banks of the Internal Revenue Service. These data describe the influence of college on labor force status, type of job, and earnings. Qualitative data are also included that pertain to job satisfaction. Results indicate that a college degree …

Electrochemical Sensors. Part I, A Review Of Their Theory, Thomas Gennett, William Purdy

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No abstract provided.

Broadcasting Law And Broadcasting Policy In Ireland, Wolgang Truetzschler

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No abstract provided.

Of Defamation And Decisionmaking: Wiemer V. Rankin And The Abdication Of Appellate Responsibility, Dale Goble

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No abstract provided.

Civil Rights And Remedies, Frank H. Easterbrook

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No abstract provided.